KCC 418/2004

A case involved a dispute between a claimant and defendant over the payment of his salaries resulting from a promotion.

Background

A claimant filed a case against a defendant requesting that the court order it to dismiss an administrative decision and appoint an expert to calculate his dues resulting from a promotion.

The court rejected the case and held that the mentioned decision did not exist.

The claimant appealed and the appeal court rejected the case for not being filed within deadline.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the court had rejected the case for not being filed within deadline, however, he had maintained before the court that the case should not be restricted by a deadline.

The court held that this argument was valid as the claimant's case was an entitlement one and thus should not have been restricted by deadlines or certain procedures.

The court therefore repealed the ruling.